- (1.)Admit. Heard finally with the consent of learned counsel for the parties.
(2.)The following substantial questions of law arise in the present second appeal:
1] Whether the finding recorded by both the Courts that the suit for partition was barred by limitation is correct

2] Whether the finding recorded by the trial Court that the defendant had acquired title through prescription as maintained by the first appellate Court is in accordance with law

(3.)The appellant is the original plaintiff while the respondent is his elder brother. Both the brothers jointly purchased the suit property on 02.01.1978. According to plaintiff, on 21.10.2006 he had sought partition of the suit property but as the same was refused aforesaid suit came to be filed.